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Grundfos Pumps Pumps Manufacturing Corp. v. Laing Thermotech

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 9, 2008

GRUNDFOS PUMPS PUMPS MANUFACTURING CORP., PLAINTIFF,
v.
LAING THERMOTECH, INC., DEFENDANT.

STIPULATION AND [PROPOSED] ORDER (1) ENTERING CONSENT JUDGMENT and (2) PERMANENT INJUNCTION

Hon. Jeffrey S. White ("GRUNDFOS"), and defendant, Laing Thermotech, Inc. ("LAING"), jointly submit this stipulation requesting an Order from this Court (1) entering a final consent judgment in this action and (2) a permanent injunction against any further infringement 6 by defendant of plaintiff's patent rights.

Pursuant to Northern District Civil Local Rules 7-1(a)(5) and 7-12, as well as Fed.R.Civ.P. 58 and 65, Plaintiff, Grundfos Pumps Manufacturing Corporation

BACKGROUND

This is a patent infringement action commenced on August 6, 2007 by GRUNDFOS against defendant LAING involving two patents. The patents-in-suit relate generally to water control valves and pumps for use in home or industrial water distribution systems that supply water to various fixtures at different temperatures through different pipe systems. More specifically, the patented technology relates to such water control valves that are adaptable for use with a pump and bypass valve so as to bypass cold or tepid water away from the associated fixture until it reaches the desired temperature.

LAING has manufactured, used, sold, and offered for sale in the United States its AUTOCIRC2 SYSTEM which incorporates a water pump and bypass valve combination, and provided installation and operating instructions to purchasers of that system. GRUNDFOS alleges that the LAING AUTOCIRC2 SYSTEM infringes the patents in suit. has replied to the LAING counterclaim.

stipulation and stayed this litigation for ninety (90) days while the parties pursued 3 further settlement discussions (Doc. 21). GRUNDFOS and LAING have now reached an agreement to resolve this matter by the entry of a consent final judgment and permanent injunction. A stipulation to 6 that effect and proposed order are set out below. respective attorneys of record that:

over the subject matter of this patent infringement action.

On October 26, 2007, the Court entered a preliminary injunction order by STIPULATION REGARDING CONSENT JUDGMENT AND PERMANENT INJUNCTION

IT IS HEREBY STIPULATED, by and between the parties, and through their

(1) this Court should enter a consent final judgment incorporating the following:

a) This Court has jurisdiction over GRUNDFOS and LAING, as well as

b) Venue is proper in this Court.

c) LAING acknowledges and admits that U.S. Patent Nos. 6,536,464 and 7,073,528 are owned by GRUNDFOS and are valid and enforceable in all respects, including with respect to any future litigation, with regard to any products or parties and for all purposes.

d) LAING acknowledges and admits that its manufacture, use, sale, and offer for sale in the United States of its AUTOCIRC2 SYSTEM infringed claims of

e) Final Judgment is therefore entered in favor of GRUNDFOS and against LAING. LAING'S Counterclaim is dismissed with prejudice. LAING 24 acknowledges and agrees that the Final Judgment is binding upon and constitutes res U.S. Patent Nos. 6,536,464 and 7,073,528.

judicata between the parties. LAING further waives all right to appeal from this Final Judgment. GRUNDFOS waives all right to recover damages against LAING or LAING's customers for infringement of the patents in suit which occurred prior to the effective date of the permanent injunction.

following provisions:

successors, and assigns, are permanently restrained, enjoined and prohibited from further infringement of the patents in suit including manufacturing, importing, using, selling, and/or offering for sale the AUTOCIRC2 water pump and bypass valve system in the United States for the duration of time that U.S. Patent Nos. 6,536,464 and 7,073,528 remain in force and in effect. However, LAING's wholesalers, distributors, resellers, and other entities in the distribution chain are allowed to resell and otherwise dispose of the AUTOCIRC2 products which had already left LAING's possession prior to the effective date of the preliminary injunction (November 2, 2007).

b) Defendant LAING is enjoined from directly or indirectly aiding or participating in any action contesting the validity or enforceability of U.S. Patent Nos.

c) The permanent injunction shall be effective seven (7) calendar days following the date of the order entered by this Court.

f) Each party shall bear is own costs and attorney's fees.

(2) the Court shall also enter a permanent injunction consistent with the

a) Defendant LAING along with its directors, officers, employees, 6,536,464 and 7,073,528 in any tribunal or forum.

Respectfully submitted, /s/ Stephen F. Sherry Dated: January 9, 2008 Respectfully submitted, /s/ G. Peter Albert, Jr. Stephen F. Sherry MCANDREWS, HELD & MALLOY, LTD. 500 West Madison Street 34th Floor Chicago, Illinois 60661 Telephone: (312) 775-8000 Facsimile: (312) 775-8100 G. Peter Albert, Jr. (211248) FOLEY & LARDNER LLP 11250 El Camino Real Suite 200 San Diego, California 92130 Telephone: 858-847-6700 Facsimile: 858-792-6773 Igor Shoiket (190066) TOWNSEND AND TOWNSEND AND CREW LLP Two Embarcadero Center, 8th Floor San Francisco, California 941 Telephone: (415) 576-0200 Facsimile: (415) 576-0300 Atttorneys for Plaintiff Attorney for Defendant Grundfos Pumps Mfg. Corp. Laing Thermotech, Inc. over the subject matter of this patent infringement action.

3. LAING has acknowledged and admitted that U.S. Patent Nos. 6,536,464 and 7,073,528 are owned by GRUNDFOS and are valid and enforceable in all respects, including with respect to any future litigation, with regard to any products or parties and for all purposes.

4. LAING has acknowledged and admitted that its manufacture, use, sale, and offer for sale in the United States of its AUTOCIRC2 SYSTEM infringed claims of U.S. Patent Nos. 6,536,464 and 7,073,528.

LAING. LAING'S Counterclaim is dismissed with prejudice. LAING has acknowledged and agreed that this Final Judgment is binding upon and constitutes res judicata between the parties. LAING has further waived all right to appeal from this LAING's customers for infringement of the patents in suit which occurred prior to the effective date of the permanent injunction.

7. Defendant LAING along with its directors, officers, employees, successors, and assigns, are permanently restrained, enjoined and prohibited from further infringement of the patents in suit including manufacturing, importing, using, selling, and/or offering for sale the AUTOCIRC2 water pump and bypass valve system [PROPOSED] ORDER Pursuant to Stipulation and Fed.R.Civ.P. 58 and 65,

1. This Court has jurisdiction over GRUNDFOS and LAING, as well as

2. Venue is proper in this Court.

5. Final Judgment is therefore entered in favor of GRUNDFOS and against Final Judgment. GRUNDFOS waives all right to recover damages against LAING or

6. Each party shall bear is own costs and attorney's fees.

in the United States for the duration of time that U.S. Patent Nos. 6,536,464 and 7,073,528 remain in force and in effect. However, LAING's wholesalers, distributors, resellers, and other entities in the distribution chain are allowed to resell and otherwise dispose of the AUTOCIRC products which had already left LAING's possession prior to the effective date of the preliminary injunction (November 2, 2007).

8. Defendant LAING is enjoined from directly or indirectly aiding or participating in any action contesting the validity or enforceability of U.S. Patent Nos. 6,536,464 and 7,073,528 in any tribunal or forum.

9. The permanent injunction shall be effective seven (7) calendar days following the date of the order entered by this Court.

IT IS SO ORDERED,

20080109

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